Kulick v. Gamma Real Estate LLC
- Vyskocil
- 1:20-cv-03582
- U.S. District Court · Southern District of New York
- 2
In Kulick v. Gamma Real Estate LLC, Judge Vyskocil dismissed the settled case without costs, allowing restoration by January 3, 2023 or making dismissal with prejudice.
Richard Kulick, Gamma Real Estate LLC, Beacon Real Estate Group LLC, Carlos E. Imery, and the other parties identified in the case caption.
What happened
In Kulick v. Gamma Real Estate LLC, the court was informed that the parties had reached a settlement resolving all issues in the case.
The court discontinued the action without costs to any party and without prejudice to restoring it to the court’s calendar by January 3, 2023. If no application to restore was made by that date, the dismissal would be with prejudice.
Judge Mary Kay Vyskocil entered the order on December 2, 2022.
The detailed version
- Kulick v. Gamma Real Estate LLC · No. 1:20-cv-03582
- Vyskocil
- Dec. 2, 2022
Background
The case involved claims by Richard Kulick against Gamma Real Estate LLC and others. The caption also identifies Gamma Real Estate LLC and others as counterclaim-plaintiffs and third-party plaintiffs, Richard Kulick as a counterclaim-defendant, and Beacon Real Estate Group LLC and Carlos E. Imery as third-party defendants.
The court stated that the Magistrate Judge had informed it that the parties reached a settlement on all issues. The opinion does not describe the settlement’s terms.
Ruling
The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s calendar if an application to restore was made by January 3, 2023. The order further stated that if no such application was made by that date, the dismissal would be with prejudice, meaning the action could not be brought again. Judge Mary Kay Vyskocil issued the order on December 2, 2022.
Classification
This is a procedural order because the case was resolved through settlement and dismissed without a decision on the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.